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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/14/2023� CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING November 14, 2023 9:00 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 14th of November, 2023, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 9:00 a.m. 9:00 A.M. CITY COUNCIL CONVENED City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas Present: Tray Payne, Mayor; Shelia Patterson Harris, Mayor Pro Tem; Latrelle Joy, Council Member; Christy Martinez-Garcia, Council Member; Steve Massengale, Council Member; Mark W. McBrayer, Council Member; Dr. Jennifer Wilson, Council Member; W. Jarrett Atkinson, City Manager; Courtney Paz, City Secretary; Chad Weaver, City Attorney Note: City Council addressed agenda items rn the following order: • 1; Executive Session; 3; 4.1-4.2; Citizen Comments S; 6.1; a»d 7.1-7.20. • Item No. 3 failed. 1. Conduct a public hearing in accordance with Article IV, Section 1 of the City of Lubbock Charter regarding creating "Freedom Act Lubbock" including measures to reduce enforcement of low-level marijuana offenses. Mayor Tray Payne read into the record the following statement: "The Lubbock City Charter requires that a public hearing be held on any ordinance that is presented to the City Council by the initiative process. Item 1 is the public hearing to receive public comment on the possible adoption of the ordinance that would decriminalize possession of low levels of marijuana, which is Item 3 on today's agenda". Mayor Payne opened the public hearing at 9:01 a.m. Anne Keel, with Lubbock Compact; Christopher Parson; Paul Bullock; Joshua Shankles, board member and managing director of Lubbock Compact; Adam Hernandez, communications chair of Lubbock Compact; Nick Harpster, Ian Timmons; and Sarah Stennett appeared before City Council to speak in favor. Don Enger; and Teresa Clark appeared before City Council to speak in opposition. Mayor Payne closed the public hearing at 9:48 a.m. Following the public hearing, the City Council recesses into Executive Session. Regular City Council Meeting November 14, 2023 2. Executive Session Page 2 of 6 The meeting recessed at 9:48 a.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 10:41 a.m., and the meeting was called to order at 10:56 a.m. 2. 1. Hold an executive session in accordance with Texas Government Code, Section SS1.071, with legal counsel for advice about pending or contemplated litigation or settlement agreement and on matters in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct conflicts with Chapter 551. 2. 1. 1. Discuss legal issues in regard to Item 3. 3. Ordinance lst Reading - City Secretary: Consider an ordinance within the City of Lubbock, creating "Freedom Act Lubbock" including measures to reduce enforcement of low-level marijuana offenses. This item failed. Motion by Mayor Pro Tem Shelia Patterson Harris, seconded by Council Member Latrelle Joy, to call the question. Vote: 3 - 4 Failed NAY: Mayor Tray Payne Council Member Christy Martinez-Garcia Council Member Steve Massengale Council Member Mark W. McBrayer Motion by Council Member Latrelle Joy, seconded by Council Member Steve Massengale, to approve this item. Vote: 0 - 7 Failed NAY: Mayor Tray Payne Mayor Pro Tem Shelia Patterson Harris Council Member Latrelle Joy Council Member Christy Martinez-Garcia Council Member Steve Massengale Council Member Mark W. McBrayer Council Member Dr. Jennifer Wilson 4. CeremonialItems Regular City Council Meeting November 14, 2023 4. 1. Invocation Reverend Rachel Petty, St. Christopher's Episcopal Church, led the invocation. 4. 2. Pledges of Allegiance Page 3 of 6 Pledges of Allegiance, to the United States and Texas Flags, were led by Mayor Pro Tem Shelia Patterson Harris. Call to Order The meeting was called to order at 10:56 a.m. 5. Citizen Comments - According to Lubbock City Council Rules, any citizen wishing to appear in-person before a regular meeting of the City Council, regarding any matter posted on the City Council Agenda below, shall complete the sign-up form provided at the meeting, no later than 9:00 a.m. on November 14, 2023. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items. No one appeared to speak. 6. Minutes 6. 1. September 27, 2023 Special City Council Meeting - Lubbock Economic Development Alliance October 24, 2023 Regular City Council Meeting Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve the September 27, 2023 Special City Council Meeting - Lubbock Economic Development Alliance minutes and the October 24, 2023 Regular City Council Meeting minutes. Vote: 7- 0 Motion carried 7. Consent Agenda - Items considered to be routine are enacted by one motion without separate discussion. If the City Council desires to discuss an item, the item is removed from the Consent Agenda and considered separately. Motion by Council Member Latrelle Joy, seconded by Council Member Christy Martinez-Garcia, to approve items 7.1-7.20. Vote: 7- 0 Motion carried 7. 1. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00139, Amendment 3, amending the FY 2023-24 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the National Association of County and City Health Offcials; providing for fling; and providing for a savings clause. Regular City Council Meeting November 14, 2023 Page 4 of 6 7. 2. Resolution - Business Development: Resolution No. 2023-R0553 authorizing a Commercial Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Wienerschnitzel, located at 4401 34th Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 7. 3. Resolution - Business Development: Resolution No. 2023-R0554 approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Mixed Nutz Leasing, LLC, located at 1941 Texas Avenue, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 7. 4. Resolution - Business Development: Resolution No. 2023-RO555 approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to Mixed Nutz Leasing, LLC, located at 1941 Texas Avenue, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 7. 5. Resolution - Business Development: Resolution No. 2023-R0556 approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to Nicolett Restaurant, LLC, located at 511 Broadway, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 7. 6. Resolution - Business Development: Resolution No. 2023-R0557 approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to 611 Broad, LLC, located at 611 Broadway, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 7. 7. Resolution - Business Development: Resolution No. 2023-R0558 approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to 611 Broad, LLC, located at 611 Broadway, pursuant to Artic(e IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 7. 8. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2023-00140 abandoning and closing portions of alley right-of-way located in Section I5, Block A, Lubbock County, Texas, in the rear of Lots 1 and 2, on the west side of I-27, and south of North Loop 289. 7. 9. Ordinance lst Reading - Right-of-Way: Ordinance No. 2023-00144 abandoning and closing portions of easements and right-of-way located in Tract A-1, Harmon Tank Addition to the City of Lubbock, Lubbock County, Texas, located south of 1 Oth Street, between Spruce Avenue and Ute Avenue. 7. 10. Resolution - Right-of-Way: Resolution No. 2023-R0559 authorizing the Mayor to execute a Street Use License Agreement, by and between the City of Lubbock and the City of Wolfforth, for a water line in the Alcove Avenue Right-of-Way near 90th Street. � Regular City Council Meeting November 14, 2023 Page 5 of 6 7. 11. Resolution - Water Utilities: Resolution No. 2023-R0560 ratifying the action of the City Manager in executing the Fifth Amendment to the Raw Water Lease between the City of Lubbock and the Lake Alan Henry Water District. 7. 12. Ordinance lst Reading - Traffic Operations: Ordinance No. 2023-00145, amending Section 20.05.102 of the City of Lubbock Code of Ordinances, with regard to the establishment of speed limits. Jarrett Atkinson, city manager; and John Turpin, assistant director of public works, gave comments and answered questions from City Council. 7. 13. Resolution - Facilities Management: Resolution No. 2023-R0561 authorizing the Mayor to execute Amendment No. 1 to Contract 15789, with Lee Lewis Construction, Inc., for services related to the construction of the Police Headquarters facility. 7. 14. Resolution - Public Health Services: Resolution No. 2023-R0562 authorizing the Mayor to execute Amendment No. 4 to the Department of State Health Services Contract No. HHS001120300005, and all related documents, under the STD/HIV-DIS Prevention Services Grant Program, by and between the City of Lubbock, and the State of Texas Department of State Health Services. 7. 15. Resolution - Aviation: Resolution No. 2023-R0563 authorizing the Mayor to execute Contract 17612, with Diamond Vogul, Inc., for the runway and taxiway marking paint at Lubbock Preston Smith International Airport. 7. 16. Resolution - Aviation: Resolution No. 2023-R0564 authorizing the Mayor to execute Amendment No. 4 to Contract 15038, with Webber, LLC, to extend the contract term and rental rate for the Land Lease Agreement at Lubbock Preston Smith International Airport. 7. 17. Resolution - Aviation: Resolution No. 2023-R0565 authorizing the Mayor to execute a Lease Agreement with the United States of America, for the relocation of the Customs and Border Protection facility on the west side of Lubbock Preston Smith International Airport. 7. 18. Resolution - Police: Resolution No. 2023-R0566 authorizing the Mayor to execute Contract 17415, with Axon Enterprise, Inc., to provide new and continually upgraded law enforcement tools, equipment, and technology for the Police Department. 7. 19. Resolution - Lubbock Fire Rescue: Resolution No. 2023-R0567 ratifying the actions of the Fire Rescue Deputy Chief, in executing Purchase Order 10026891, with D& H United Fueling Solutions, Inc., for the replacement of fuel lines at Fire Station 11-Aircraft Rescue and Fire Fighting Training facility. 7. 20. Ordinance 2nd Reading - Lubbock Power & Light: Ordinance No. 2023-00143, amending Ordinance Article 2.03, Division 12 of the City of Lubbock Code of Ordinances, with regard to Amending the Membership and Qualifications of the Electric Utility Board Members; Amending the Qualifcations of the Director of Electric Utilities; Amending the Disbursement of Electric Utility Funds from the General Reserve; Amending the Method of Amending Article Regular City Council Meeting November 14, 2023 Page 6 of 6 2.03, Division 12; Providing for a Penalty; Providing a Savings Clause; and Providing for Publication. 11:06 A.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Payne adjourned the meeting. The November 14, 2023 Regular City Council Meeting minutes were approved by the City Council on the 12th day of December, 2023. ATT �ST: Cou ey Paz, City Secre ary J